Murphy v. Dairyland Insurance Co.

CRISWELL, Judge.

Plaintiff, James Murphy, appeals the summary judgment entered against him in his suit to collect personal injury protection (PIP) benefits under an insurance policy issued by the defendant, Dairyland Insurance Company (Dairyland). The policy sued upon was issued to Bernard E. Taylor (the insured), who was driving an automobile with the consent of the owner and with plaintiff as a passenger when that vehicle was involved in an accident. The summary judgment was entered either because plaintiff was late in responding to Dairyland’s motion therefor, or because the court concluded…